BOARD POLICY - 9323.1

Three of the five members of the Board of Education constitute a quorum. and meetings may be held with only three members present. With only three members present, a unanimous vote is required to approve action items.

Actions requiring 2/3 vote of the Board of Education include:

1. Resolution to transfer funds from the undistributed reserve to any expenditure classification (Education Code 42600).
2. Resolution declaring intention to sell or lease real property (Education Code 39366).
3. Resolution declaring intent of Board to convey or dedicate property to the state or any political subdivision (Education Code Sections 39541and 39543).
4. Resolution authorizing and directing the Board president to execute a deed of dedication or conveyance of property (Education Code 39543).
5. Lease for up to three (3) months of school property which has a residence on it and which the district cannot develop for district purposes for unavailability of funds (Education Code 39380).
6. Temporary borrowing before receipt of fiscal income. Approval of county auditor and treasurer required for this action (Government Code 53821).
7. Ordering city or county zoning ordinances inapplicable that would adversely affect the use of property for classrooms (Government Code 53094).

Actions requiring a unanimous vote of the Board of Education include:

1. Private sale of surplus property without advertisement requires the unanimous vote of the Board Members present, establishing that such property is not worth more than $2,500. Disposal of surplus property in the local dump requires the unanimous vote of the Board Members present, establishing that such property is insufficient in value to defray the cost of the sale (Education Code 39521).
2. Exchange of property of equal value to settle dispute with landowner adjacent to district property (Education Code 39491).
3. Resolution authorizing and prescribing the terms of a sale, exchange or lease of property to other public agencies (Education Code 39502).
4. Resolution authorizing and prescribing the terms of a community lease for extraction of gas (Education Code 39431).

Action requiring 4/5 vote of the Board of Education include:

1. The expenditure and transfer of necessary funds and use of district vehicles and personnel to meet a national or local emergency created by war, military, naval or air attack, or sabotage, or to provide for adequate national or local defense (Government Code 53790-53792).
2. Adoption of a resolution, between July 15 and August 30, to borrow funds up to 25% of estimated income and revenue to be received by the district in any fiscal year.

Policy Adopted: November 3, 1980
Policy Revised: February 17, 1987